NOTICE OF VIOLATION

 

Via Certified Mail No.:

 

 

 

 

 

Steven B. Settle, President

 

 

Sound Built Strategies, Inc.

 

 

8475 North 700 East

 

 

Indianapolis, IN 46259

 

 

 

Case No. 2023-29343-W

 

     Pursuant to Indiana Code (IC) 13-30-3-3, the Indiana Department of Environmental Management (IDEM) issues this Notice of Violation.  Based on an investigation, IDEM has reason to believe that Sound Built Strategies, Inc. d.b.a. Creekside Mobile Home Park (Respondent) has violated environmental rules. The violations are based on the following:

 

1.            Respondent owns/operates the Creekside Mobile Home Park Wastewater Treatment Plant (WWTP), located at 6484 North London Road, Fairland, Shelby County, Indiana (the Site).

 

2.            Respondent is authorized by National Pollutant Discharge Elimination System (NPDES) Permit Number IN0038431 (the Permit) to discharge wastewater treated in accordance with the terms and conditions of the NPDES Permit from the WWTP into unnamed tributary to Sugar Creek, via Outfall 001.

 

3.            327 Indiana Administrative Code (IAC) 5-2-8(1), states the permittee shall comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action by IDEM.

 

4.            Pursuant to Part I.A.1 of the Permit, the permittee is required to comply with the monitoring requirements contained in the Permit, including effluent limitations.

 

Discharge Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs) submitted by Respondent for the period of April 2020 through February 2023 revealed violations of effluent limitations contained in Part I.A.1 of the Permit as follows:

 

A.       The maximum weekly average concentration limitation for total suspended solids (TSS) was exceeded during November 2020; and February, October, and December 2022.

B.       The maximum weekly average loading limitation for TSS was exceeded during October 2020; February and April 2021; and February, April, May, October, November, and December 2022.

C.       The monthly average loading limitation for TSS was exceeded during February 2021; and February, April, May, October, and December 2022.

D.       The daily maximum concentration limitation for Escherichia coli (E. coli) was exceeded during July 2020; and October 2022.

E.       The daily maximum concentration limitation for total residual chlorine was exceeded during April, May, and June 2020.

F.        The monthly average concentration limitation for total residual chlorine was exceeded during April 2020.

G.       The maximum weekly average loading limitation for Five-day Carbonaceous Biochemical Oxygen Demand (CBOD5) was exceeded during October 2020; February 2021; and April and May 2022.

H.       The monthly average loading limitation for CBOD5 was exceeded during February 2021 and May 2022.

I.         The daily average minimum concentration limitation for Dissolved Oxygen (DO) was not met during May and June 2020; May and June 2021; and May 2022.

J.        The maximum weekly average loading limitation for Ammonia (as nitrogen) was exceeded during April 2021, November, and December 2021; February March, April; May 2022; and February 2023.

K.       The maximum weekly average concentration limitation for Ammonia (as nitrogen) was exceeded during November and December 2021; and April 2022.

L.        The monthly average loading limitation for Ammonia (as nitrogen) was exceeded during April and December 2021; and April and May 2022.

 

Respondent failed to comply with the effluent limitations from Outfall 001 contained in the Permit, in violation of Part I.A.1 of the Permit.

 

5.            Pursuant to 327 IAC 5-2-8(9) and Part II.B.1 of the Permit, Respondent shall at all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for the collection and treatment which are installed or used by the permittee, and which are necessary for achieving compliance with the terms and conditions of the permit.

 

During the inspections on August 16, 2022, and/or February 15, 2023, IDEM staff observed and documented inadequate maintenance and operation of the facilities, specifically:

 

a.    The facility lacked any alarm system to alert operators of equipment failure during hours when no attendant is on site.

b.    The facility experienced excessive inflow and infiltration in the collection system which leads to chronic hydraulic overloading of the WWTP. The facility was issued a Sewer Connection Ban Imposition letter on March 14, 2023. During the inspection on February 15, 2023, IDEM staff noted that projects had been completed to reduce inflow and infiltration in the collection system, but the facility continued to experience hydraulic overloading.

c.    There was high solid inventory throughout the facility. The facility utilized drying beds and stored sludge on-site awaiting removal. No sludge had been removed from the facility in five years or longer.

d.    There was no documentation of maintenance activities performed by the on-site personnel.

 

Each in violation of 327 IAC 5-2-8(9) and Part II.B.1 of the Permit.

 

     In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and, as necessary and appropriate, for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than 60 days.

 

     As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

 

     If an Agreed Order is not entered into within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

 

     Please contact Eunice Okhifo at 317-232-8432 or eokhifo@idem.in.gov within 15 days after receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner:

 

 

Date:__June 8, 2023___

________________________

 

Amari Farren, Chief

 

Enforcement Section

 

Office of Water Quality

 

cc:      Shelby County Health Department

Indiana State Department of Health, Mobile Home Community Inspection and Licensing Program

http://www.in.gov/idem

 

Shawn Massingale